Appeal No. 96-1698
Application No. 07/926,098
twisted in this zone or zones and is
maintained in a twisted position by
means of the self-sealing coating (page
1, lines 39-42).
However, like the appellant, we find nothing in the
disclosure of either the "Color Them Happy" article or Brown that
would have suggested their combination in the manner proposed by
the examiner in the rejection of the claims on appeal. While it
is our opinion that the teachings of the "Color Them Happy"
article and Brown can be combined, the method resulting from the
combination would result in wrapping the material about the
article and twisting either both wrapped ends (Figures 3 and 4 of
Brown) or placing the article in a bag with the top of the bag
being closed by a twist (note page 2, lines 93-95 of Brown).
Either way, the method would not result in either the crimping
step or the decorative cover forming an opening above the upper
end of the article as required by all of the independent claims
on appeal.
As stated in W.L. Gore & Assocs. v. Garlock, Inc., 721
F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984),
[t]o imbue one of ordinary skill in the
art with knowledge of the invention in
suit, when no prior art reference or
references of record convey or suggest
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